Based on Draskovich’s opening, IMO, has begun the creating doubt process. There’s some OJ-esque attributed to this case….
Can’t deny the buddy-buddy-shady relations between DA’s office and Metro.
After all, look what happened for Tobiasson.
The “shady shit” is actually what Telles was up to. German was writing a story about it. But, apparently, he is taking the “accuse others of exactly what you’re doing yourself” tactic. Can’t blame him, that works sometimes.
But the fact that he was doing shady shit (as well as Ms. Kennett apparently) is the shady shit that German was exposing, and it was Telles’s shady shit that enraged him, and it was Telles’s shady shit that was going to be exposed on 9/2/22 according to the FoIA email from CCDA Civil Division on 9/1/22.
So any shady shit he was exposing has no plausible relation to Telles’s car driving from his house, parking in German’s neighborhood, someone getting out of that car and lurking in German’s side yard until the last time German is seen alive, someone getting back into Telles’s car, driving Telles’s car back in front of German’s house right after the last time German is seen alive and then driving Telles’s car back to Telles’s house where the hat, bag and shoes matching those of the murderer are located.
I’m not sure he was working hard to uncover wrong doing as much as he was working to send cases to his own preferred agents and attorneys. Think about it, someone who is so morally shocked at corruption that he puts his career on the line, but is down with murder? Makes no sense. He was just trying to direct the gravy train that is the public administrator’s office towards himself.
This may be unpopular, but both of these statements are simultaneously true: (1) Rob Telles (allegedly) murdered Jeff German. (2) The pushback he received from employees at the PA’s office was because RT came in and pushed the office to become more efficient. They were closing cases much faster than under Cahill. He reduced overtime. The “old guard” employees did not like it and pushed back. That said, Rob did himself no favors by being a jerk about reforming the office at times and having an affair with a staffer.
I agree that Draskovich is doing great work with the difficult facts that he has. But for the DNA evidence and the ring videos, Rob Telles may have been able to get away with it.
Citizens of Nevada will not consider the ramifications. They will think “PI Lawyers are greedy and bad” because that’s what Uber will spend millions telling them over the next couple years. (BTW: Uber only gives a shit about Uber.) Fast forward 5 years when nobody can get compensated for getting creamed in an intersection because there’s no sustainable business model for PI lawyers. We saw the same thing with med mal “reform” in 2004. Only med mal insurers made out. There was no substantial reduction in doctor’s premiums and it’s nearly impossible to win a med mal case.
This is correct. The bigger issue is the alarming concentration of power that corporations and billionaires now have. I am no fan of the old taxi cartel, but it was a local cartel. Uber came in and, politically, crushed it like a bug. Now it will do the same thing to PI attorneys. These were both 800 pound local gorillas. Now they are being smashed by an 8,000 pound multi national gorilla.
The genius of Ubers success in this campaign will be that they pit the public against PI lawyers. Uber will then extract a ridiculous shield of liability from that conflict. The public would never approve a ballot measure that explicitly limits Ubers liability. But you can bet the public will enthusiastically seek retribution against PI attorneys. This is gonna pass.
There is no actual *evidence* supporting the argument that this proposal will limit injured plaintiffs from securing counsel or obtaining compensation — unless, of course, you count the self-serving/conclusory declarations submitted by the plaintiffs bar. The simple reality is that, in 5 years, there may be fewer PI shops as profit margins tighten (not necessarily a bad thing). If someone gets “creamed in an intersection”, there will always be a PI lawyer eagerly waiting to send off a demand letter and collect 20% of the $25k policy.
>the argument that this proposal will limit injured plaintiffs from securing counsel or obtaining compensation
…
> there may be fewer PI shops as profit margins tighten
It’s designed to disincetivize lawyers from doing PI. Less PI shops, less PI lawyers = less PI lawsuits. Which is exactly what Uber wants, right?
So basically… if that lawyer has to take the case to trial and an expert is going to cost $5K…. that 20% is calculated (even on a case that goes to trial) AFTER the costs are deducted… so less than 20% of the recovery.
Imagine the conflict that creates between the client and the attorney. The attorney is disincentivized from spending the $$ needed to win the case to the full value because it reduces the recoverable fee.
How is that any different than the NJA spending a fortune to lobby for laws that increase their profits and drive up medical and insurance costs for everyone else every two years? This is the game the NJA plays, they’re just made they’re not the only one playing it this year.
Guest
Anonymous
August 15, 2024 10:05 am
Silver Flume is down today. I guess the government can’t update servers, etc. at times more convenient to their customers/taxpayers, such weekends or evenings.
The article on the Badlands is infuriating. The City’s attorneys told them not to do that and instead they bowed to their wealthy patrons at Queen’s Ridge and now we’ve all got to eat it. Fun times.
I wish there were a way to make the Queen’s Ridge residents pay for all of this — some kind of special assessment or tax. Any council person that went along with them should be voted out. They were clearly acting on behalf of the mega-wealthy instead of focusing on the community as a whole.
Actually, what I meant was . . . It was incorporated into the CCNRs for the homeowners to have that right, to avoid the litigation similar to the SH/RS debacle.
I was involved in one aspect of those cases, as well.
Apartments that accept Section 8 vouchers. The City legit needs affordable housing and I can’t think of a better location.
Guest
Anonymous
August 15, 2024 10:06 am
Civil Lit. What is the best way to go about getting mirror images of OPs hard drive and/or cell phone. Via a RFPD? Or?
(No this is not scorched earth; it’s necessary in this case). Fully intend to utilize parameters to help get only what we need.
Request to produce, reach out to opposing counsel to try to work out the logistics in a way that makes sense, if they won’t cooperate, it will eventually become a motion to compel and the Court/commissioner depending on where your case is will give you parameters. There are a bunch of different IT companies that you can use.
Don’t fall for the old “my brother is my IT guy and crashed my servers so everything is lost” trick. Make sure you go deep down the rabbit hole on that.
Great suggestions. I would start with a spoilation letter.
Guest
Anonymous
August 15, 2024 10:21 am
Any recommendations on how to get a judge to enter a judgment that has been sitting with the Court for almost 120 days after trial? The Court orally entered a judgment in my Client’s favor, the order was promptly lodged…nothing has happen, an email inquiry was sent 30 days ago, the Clerk confirmed receipt and stated that the Judge has not yet reviewed.
Telles looked yesterday like he was seeing evidence for the first time
Guest
Anonymous
August 15, 2024 12:13 pm
Draskovich “mistakenly” called German “Goering” at one point prior to the break and thanked the former detective for “lying” no laying it all out for everyone.
Telles has this thing in the bag. Who knew the DA had no evidence. Kudos to Telles for calling their bluff. At this point I hear Telles is only offering to plea to involuntary manslaughter. Smooth operator.
You heard wrong friend. He is only offering to allow a DA of his choosing to plead as a sanction for charging him in the first place.
Guest
Anonymous
August 15, 2024 1:24 pm
Interesting decision out of the 9th Circuit Bankruptcy Appellate Panel(BAP). Terry Wike is seeking reinstatement to practice. State Bar conditioned reinstatement on payment of costs of disciplinary proceedings to the SBN: the actual costs of the hearing and the flat “suspension fee” of $2500 under SCR 120. Wike filed BK an got his discharge. Wike files for reinstatement.
NSC conditions reinstatement on paying the suspension costs. Wike asserts that any debts for suspension were discharged in his subsequent bankruptcy. Nevada Supreme Court stated that it did not care under 11 USC 525 if those obligations were discharged because its the gatekeeper to practicing law and will impose whatever conditions it wishes.
Hooge arguing in front of the BAP says that Wike cannot discharge his debts to the SBN. BAP disagreed with Hooge and said a governmental entity’s regulatory motive is not a relevant consideration for purposes of § 525(a) and, as a result, cannot serve as a basis for denial of a discharge under the statute.
The other interesting part of the decision is that the Nevada Supreme Court weighed in before the bankruptcy court and ruled. BAP sent a message to the NSC that bankruptcy courts make determinations of dischargability.
Not if you’re a BK junkie (I know. I know. Just . . don’t.) This is actually super interesting. The nuances of complex BK practice are more chess like than any other area I have ever been exposed to and I am not ashamed to say that I love it!
I would have paid the fees and then for spite, sued the NSB (and Hooge personally) for violation the permanent stay. I might’ve left out the NSC, but maybe not.
Fine, I get that it is academically interesting for some. But what is the value of the time the State Bar spent on this? How can they defend or justify it?
Welcome to the world of “I don’t have to pay for the consequences of my decisions.” See also, my HOA, choosing to spend $1500 in attorneys fees over a $100 challenged fine.
Terry Wike, for good or for ill, has never had any problems generating legal theories that are way, way, outside the box. Sometimes it works. Sometimes OC is confused because he keeps pressing the issue despite getting slapped down at every stage. In this case? It’s fascinating. I mean, who the hell goes to federal Bk court and then appeals a decision over $2,500? This is the kind of opinion that is desperately needed, but that is (almost) never going to happen because the relative stakes are low.
@1:39
Well, half right. Tax debt is not discharged except for limited circumstances. Car debt may be discharged, but creditor can take its security and sell it.
In all instances, federal courts and agencies are superior to state and local government and agencies in areas in which the federal government regulates.
Of course, with the NextGen bar exam, applicants won’t have to know anything about this.
Because obviously NRPC 1.1 doesn’t apply to bar counsel, n00b.
Guest
Anonymous
August 15, 2024 2:09 pm
Draskovich did a nice job crossing the medical examiner about the amount of blood that would have likely come from the wounds. Underscores the arguments about the lack of blood on the clothes found in Telles’ house.
Severing the carotid and/or the piercing heart wound would have caused massive fatal blood loss without necessarily getting all over Telles. This was not a protracted attack.
Wouldn’t have to get “all over” Telles, just *some* blood on Telles. The clothes Metro recovered had NO BLOOD. I think Telles did it, but this is a weird part of this case and Draskovich is doing a nice job.
Zach Schilling is the Kato Kalin of this trial, so far.
Guest
Anonymous
August 15, 2024 3:34 pm
Hamner, Weckerly and Draskovich are all great attorneys, but Draskovich is clearly the best of the three. It is so fascinating watching him maneuver through an impossible set of facts.
Telles is probably guilty but there seemed to be some shady shit going on he uncovered.
Based on Draskovich’s opening, IMO, has begun the creating doubt process. There’s some OJ-esque attributed to this case….
Can’t deny the buddy-buddy-shady relations between DA’s office and Metro.
After all, look what happened for Tobiasson.
@9:50
Please explain the “shady shit”.
The “shady shit” is actually what Telles was up to. German was writing a story about it. But, apparently, he is taking the “accuse others of exactly what you’re doing yourself” tactic. Can’t blame him, that works sometimes.
Just because he did shady shit doesn’t mean he couldn’t have exposed shady shit at the PA office. Both things can be true simultaneously.
Just wondering if that’s a defense to murder?
But the fact that he was doing shady shit (as well as Ms. Kennett apparently) is the shady shit that German was exposing, and it was Telles’s shady shit that enraged him, and it was Telles’s shady shit that was going to be exposed on 9/2/22 according to the FoIA email from CCDA Civil Division on 9/1/22.
So any shady shit he was exposing has no plausible relation to Telles’s car driving from his house, parking in German’s neighborhood, someone getting out of that car and lurking in German’s side yard until the last time German is seen alive, someone getting back into Telles’s car, driving Telles’s car back in front of German’s house right after the last time German is seen alive and then driving Telles’s car back to Telles’s house where the hat, bag and shoes matching those of the murderer are located.
I’m not sure he was working hard to uncover wrong doing as much as he was working to send cases to his own preferred agents and attorneys. Think about it, someone who is so morally shocked at corruption that he puts his career on the line, but is down with murder? Makes no sense. He was just trying to direct the gravy train that is the public administrator’s office towards himself.
That is exactly correct and I hope that RJ turns those headlamps on those firms who were getting preferred work from Telles. Looking at you GMD
This may be unpopular, but both of these statements are simultaneously true: (1) Rob Telles (allegedly) murdered Jeff German. (2) The pushback he received from employees at the PA’s office was because RT came in and pushed the office to become more efficient. They were closing cases much faster than under Cahill. He reduced overtime. The “old guard” employees did not like it and pushed back. That said, Rob did himself no favors by being a jerk about reforming the office at times and having an affair with a staffer.
I agree that Draskovich is doing great work with the difficult facts that he has. But for the DNA evidence and the ring videos, Rob Telles may have been able to get away with it.
100% this
The self-righteousness of PI attorneys never fails to astound me.
Whatever you feel about them, why does Uber get to dictate contracts between private parties.
Uber won’t dictate.. the citizens of Nevada will decide. Find a new talking point.
That’s better, lol
Citizens of Nevada will not consider the ramifications. They will think “PI Lawyers are greedy and bad” because that’s what Uber will spend millions telling them over the next couple years. (BTW: Uber only gives a shit about Uber.) Fast forward 5 years when nobody can get compensated for getting creamed in an intersection because there’s no sustainable business model for PI lawyers. We saw the same thing with med mal “reform” in 2004. Only med mal insurers made out. There was no substantial reduction in doctor’s premiums and it’s nearly impossible to win a med mal case.
And the “med mal reform” did not solve Nevada’s doctor shortages.
This is correct. The bigger issue is the alarming concentration of power that corporations and billionaires now have. I am no fan of the old taxi cartel, but it was a local cartel. Uber came in and, politically, crushed it like a bug. Now it will do the same thing to PI attorneys. These were both 800 pound local gorillas. Now they are being smashed by an 8,000 pound multi national gorilla.
The genius of Ubers success in this campaign will be that they pit the public against PI lawyers. Uber will then extract a ridiculous shield of liability from that conflict. The public would never approve a ballot measure that explicitly limits Ubers liability. But you can bet the public will enthusiastically seek retribution against PI attorneys. This is gonna pass.
There is no actual *evidence* supporting the argument that this proposal will limit injured plaintiffs from securing counsel or obtaining compensation — unless, of course, you count the self-serving/conclusory declarations submitted by the plaintiffs bar. The simple reality is that, in 5 years, there may be fewer PI shops as profit margins tighten (not necessarily a bad thing). If someone gets “creamed in an intersection”, there will always be a PI lawyer eagerly waiting to send off a demand letter and collect 20% of the $25k policy.
>the argument that this proposal will limit injured plaintiffs from securing counsel or obtaining compensation
…
> there may be fewer PI shops as profit margins tighten
It’s designed to disincetivize lawyers from doing PI. Less PI shops, less PI lawyers = less PI lawsuits. Which is exactly what Uber wants, right?
We all know it will just result in PI attorneys and their partner chiropractors in fabricating more fake medical damages.
20% AFTER costs.
So basically… if that lawyer has to take the case to trial and an expert is going to cost $5K…. that 20% is calculated (even on a case that goes to trial) AFTER the costs are deducted… so less than 20% of the recovery.
Imagine the conflict that creates between the client and the attorney. The attorney is disincentivized from spending the $$ needed to win the case to the full value because it reduces the recoverable fee.
Costs are recoverable to the prevailing party.
Most cases don’t go to trial. The conflict here is very real.
You understand you can collect costs on an exclusive offer of judgment, right? You don’t need to go to trial to obtain costs.
How is that any different than the NJA spending a fortune to lobby for laws that increase their profits and drive up medical and insurance costs for everyone else every two years? This is the game the NJA plays, they’re just made they’re not the only one playing it this year.
Silver Flume is down today. I guess the government can’t update servers, etc. at times more convenient to their customers/taxpayers, such weekends or evenings.
Working for me.
The article on the Badlands is infuriating. The City’s attorneys told them not to do that and instead they bowed to their wealthy patrons at Queen’s Ridge and now we’ve all got to eat it. Fun times.
I wish there were a way to make the Queen’s Ridge residents pay for all of this — some kind of special assessment or tax. Any council person that went along with them should be voted out. They were clearly acting on behalf of the mega-wealthy instead of focusing on the community as a whole.
This a thousand times. Some rich NIMBYs throw a temper tantrum and now we all pay for it. Unacceptable.
Why wasn’t this a thing when the Silverstone debacle was going down? Wasn’t this basically the same thing?
Silverstone HOA owned certain rights to ensure that the land would remain a golf course. Queensridge residents had no such rights for Badlands.
That’s kind of what I thought. They were guaranteed those rights after the Seven Hills/Rio Secco Golf Course case debacle.
Speak for yourself. We made a lot of money on that debacle.
Actually, what I meant was . . . It was incorporated into the CCNRs for the homeowners to have that right, to avoid the litigation similar to the SH/RS debacle.
I was involved in one aspect of those cases, as well.
I vote once the City owns it, it turns it into high-density low-income housing. With bus routes running every 15 minutes.
Apartments that accept Section 8 vouchers. The City legit needs affordable housing and I can’t think of a better location.
Civil Lit. What is the best way to go about getting mirror images of OPs hard drive and/or cell phone. Via a RFPD? Or?
(No this is not scorched earth; it’s necessary in this case). Fully intend to utilize parameters to help get only what we need.
I’d send an RPD for it and then separately offer to set up a time for them to submit the device to whatever vendor you’re using.
Request to produce, reach out to opposing counsel to try to work out the logistics in a way that makes sense, if they won’t cooperate, it will eventually become a motion to compel and the Court/commissioner depending on where your case is will give you parameters. There are a bunch of different IT companies that you can use.
Don’t fall for the old “my brother is my IT guy and crashed my servers so everything is lost” trick. Make sure you go deep down the rabbit hole on that.
Mirror OP’s entire hard drive? The privilege log will probably be epic.
HOLO discovery does a great job of this.
Great suggestions. I would start with a spoilation letter.
Any recommendations on how to get a judge to enter a judgment that has been sitting with the Court for almost 120 days after trial? The Court orally entered a judgment in my Client’s favor, the order was promptly lodged…nothing has happen, an email inquiry was sent 30 days ago, the Clerk confirmed receipt and stated that the Judge has not yet reviewed.
Which judge/
Telles looked yesterday like he was seeing evidence for the first time
Draskovich “mistakenly” called German “Goering” at one point prior to the break and thanked the former detective for “lying” no laying it all out for everyone.
I guess that’s why he gets the big bucks.
It’s the little things . . . .
Priceless…
Telles has this thing in the bag. Who knew the DA had no evidence. Kudos to Telles for calling their bluff. At this point I hear Telles is only offering to plea to involuntary manslaughter. Smooth operator.
You heard wrong friend. He is only offering to allow a DA of his choosing to plead as a sanction for charging him in the first place.
Interesting decision out of the 9th Circuit Bankruptcy Appellate Panel(BAP). Terry Wike is seeking reinstatement to practice. State Bar conditioned reinstatement on payment of costs of disciplinary proceedings to the SBN: the actual costs of the hearing and the flat “suspension fee” of $2500 under SCR 120. Wike filed BK an got his discharge. Wike files for reinstatement.
NSC conditions reinstatement on paying the suspension costs. Wike asserts that any debts for suspension were discharged in his subsequent bankruptcy. Nevada Supreme Court stated that it did not care under 11 USC 525 if those obligations were discharged because its the gatekeeper to practicing law and will impose whatever conditions it wishes.
Hooge arguing in front of the BAP says that Wike cannot discharge his debts to the SBN. BAP disagreed with Hooge and said a governmental entity’s regulatory motive is not a relevant consideration for purposes of § 525(a) and, as a result, cannot serve as a basis for denial of a discharge under the statute.
The other interesting part of the decision is that the Nevada Supreme Court weighed in before the bankruptcy court and ruled. BAP sent a message to the NSC that bankruptcy courts make determinations of dischargability.
I do have to ask why Hooge thought he was competent to argue a complex bankruptcy question in front of the BAP since competence is one of those sticky regulatory things.
https://cdn.ca9.uscourts.gov/datastore/bap/2024/07/03/23-1179.pdf
What a stupid fight, for both sides.
Not if you’re a BK junkie (I know. I know. Just . . don’t.) This is actually super interesting. The nuances of complex BK practice are more chess like than any other area I have ever been exposed to and I am not ashamed to say that I love it!
I would have paid the fees and then for spite, sued the NSB (and Hooge personally) for violation the permanent stay. I might’ve left out the NSC, but maybe not.
That would have created voluntary payment doctrine problems
Fine, I get that it is academically interesting for some. But what is the value of the time the State Bar spent on this? How can they defend or justify it?
Welcome to the world of “I don’t have to pay for the consequences of my decisions.” See also, my HOA, choosing to spend $1500 in attorneys fees over a $100 challenged fine.
Or the HOA claiming $69,000 in attorneys fees chasing $1000 unapproved architectural improvement.
6:41am is 2 steps away from realizing the recurring problem with bureaucracy.
If you pay no price for being wrong, you don’t care about being wrong.
Terry Wike, for good or for ill, has never had any problems generating legal theories that are way, way, outside the box. Sometimes it works. Sometimes OC is confused because he keeps pressing the issue despite getting slapped down at every stage. In this case? It’s fascinating. I mean, who the hell goes to federal Bk court and then appeals a decision over $2,500? This is the kind of opinion that is desperately needed, but that is (almost) never going to happen because the relative stakes are low.
I applaud him. Nakagawa almost never gets reversed. And he got him reversed.
Federal courts have the ability to determine that a state is violating the Bankruptcy Code in their state actions.
Good ‘ole supremacy clause
@1:39
Well, half right. Tax debt is not discharged except for limited circumstances. Car debt may be discharged, but creditor can take its security and sell it.
In all instances, federal courts and agencies are superior to state and local government and agencies in areas in which the federal government regulates.
Of course, with the NextGen bar exam, applicants won’t have to know anything about this.
But the federal gov doesn’t regulate bar admissions so is that guy out of luck?
Because obviously NRPC 1.1 doesn’t apply to bar counsel, n00b.
Draskovich did a nice job crossing the medical examiner about the amount of blood that would have likely come from the wounds. Underscores the arguments about the lack of blood on the clothes found in Telles’ house.
Severing the carotid and/or the piercing heart wound would have caused massive fatal blood loss without necessarily getting all over Telles. This was not a protracted attack.
Wouldn’t have to get “all over” Telles, just *some* blood on Telles. The clothes Metro recovered had NO BLOOD. I think Telles did it, but this is a weird part of this case and Draskovich is doing a nice job.
Telles making a lot of faces while medical examiner was looking at autopsy photos.
shoe had blood mark on it, but didn’t test positive, he just cleaned everything before he cut it up?
Draskovich is fucking this real estate agent HARD.
Zach Schilling is the Kato Kalin of this trial, so far.
Hamner, Weckerly and Draskovich are all great attorneys, but Draskovich is clearly the best of the three. It is so fascinating watching him maneuver through an impossible set of facts.
It’s much easier to knock a hole in a wall than to build an entire house.
What time did you find the cut up murder shoes at my client’s house? you don’t know? how can that be? clearly METRO is hiding something…
Notice your name is not in the report? Well it is if you figure that everyone misspells my name, even my co-workers.
Can we get a dedicated Telles trial thread this morning? I’m sure plenty of people are watching live